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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXIII: Suits By Indigent Persons

Order XXXIII Rule 13 CPC: State Government to be deemed a party

Bare Act text

13. State Government to be deemed a party.—All matters arising between the [State Government] and any party to the suit under rule 10, rule 11, [rule 11A] or rule 12 shall be deemed to be questions arising between the parties to the suit within the meaning of section 47.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

All matters arising between the State Government and any party to the suit under rule 10, rule 11, rule 11A or rule 12 are deemed to be questions arising between the parties to the suit within the meaning of section 47. They are therefore to be decided by the executing Court and not by a separate suit.

Order XXXIII: Suits By Indigent Persons

  1. 1 Suits may be instituted by indigent persons
  2. 1A Inquiry into the means of an indigent person
  3. 2 Contents of application
  4. 3 Presentation of application
  5. 4 Examination of applicant
  6. 5 Rejection of application
  7. 6 Notice of day for receiving evidence of applicant’s indigency
  8. 7 Procedure at hearing
  9. 8 Procedure if application admitted
  10. 9 Withdrawal of permission to sue as an indigent person
  11. 9A Court to assign a pleader to an unrepresented indigent person
  12. 10 Costs where indigent person succeeds
  13. 11 Procedure where indigent person fails
  14. 11A Procedure where indigent person’s suit abates
  15. 12 State Government may apply for payment of court-fees
  16. 13 State Government to be deemed a party
  17. 14 Recovery of amount of court-fees
  18. 15 Refusal to allow applicant to sue as an indigent person to bar subsequent application of like nature
  19. 15A Grant of time for payment of court-fee
  20. 16 Costs
  21. 17 Defence by an indigent person
  22. 18 Power of Government to provide for free legal services to indigent persons